How Broward Domestic Violence Charges Can Impact Child Custody

One of the most pressing concerns for many criminal defense clients facing Broward domestic violence charges is how it could potentially impact child custody. It’s important to understand that in addition to criminal case restrictions and penalties, domestic violence charges and convictions can significantly affect your ability to gain or maintain custody of your children.

Family courts in Florida prioritize the safety and well-being of children above all else. Although these cases are separate (with domestic violence charges generally being handled in criminal court and child custody matters handled in civil court), allegations of domestic violence can result in severe consequences for parents – even before criminal conviction.

Working with an experienced domestic violence criminal defense lawyer, you may benefit from well-planned defense strategies that can help minimize the negative impact in both criminal and civil courts.

The Connection Between Domestic Violence and Child Custody

In Florida, family courts are obligated to consider the best interests of the child when determining custody arrangements. Florida Statutes § 61.13 specifically direct judges to consider domestic violence as a key factor when making custody decisions. Even allegations of domestic violence, whether they result in a conviction or not, can impact the court’s view of a parent’s fitness to care for their child.

Here are the primary ways domestic violence charges can affect child custody:

Loss of Custody or Visitation Rights: If a parent is convicted of domestic violence, especially if the violence was directed toward the other parent or the children, the court may revoke or limit their custody and visitation rights. Judges may decide to grant full custody to the non-offending parent and only allow supervised visitation to the accused parent.
Presumption Against Custody: In Florida, if a parent has been convicted of a domestic violence crime or has a history of domestic violence, there is a legal presumption against awarding them custody. This means the burden of proof is on the parent to demonstrate that granting custody would be in the child’s best interests. Overcoming this presumption can be difficult but not impossible with the right defense strategies.
Restraining Orders (Injunctions): Allegations of domestic violence often result in temporary restraining orders or injunctions, which may prevent the accused parent from having contact with the child or the child’s other parent during the case. This can further complicate custody disputes.

Impact of Domestic Violence Convictions on Child Custody

A conviction for domestic violence can leave a lasting impact on your ability to be involved in your child’s life. A criminal record, especially one involving violence, can be seen as a major indicator of unfitness to parent. A felony conviction, in particular, can be especially damaging. However, there are legal strategies that can help reduce the harm these charges might cause in both criminal and civil proceedings.

Defense Strategies to Minimize Impact on Custody

When defending against domestic violence charges, it’s essential to take a proactive approach to not only fight the criminal charges but also protect your parental rights. Here are some key defense strategies to consider:

Fight the Criminal Charge: A strong defense against the criminal charge can go a long way in minimizing its impact on child custody. By securing a dismissal, reduction in charges, or an acquittal, you may be able to avoid the stigma of a conviction, which can help in civil family court. Some common defenses include:
- Challenging the evidence: Your attorney can question the credibility of witnesses, challenge the police report, or argue that the evidence against you is insufficient or inconsistent.
- Self-defense or defense of others: If you acted in self-defense or in defense of your children, this could be used to refute the domestic violence charges.
- False allegations: It is not uncommon for false allegations of domestic violence to arise in the context of contentious divorce or custody battles. Proving that the accusations are baseless can help protect both your criminal and civil cases.
Request a Temporary Parenting Plan: If a restraining order is in place and you are temporarily barred from seeing your children, your attorney can help you petition the family court for a temporary parenting plan. This plan may allow for supervised visitation, ensuring that you maintain a relationship with your children while the criminal case is pending.
Focus on Rehabilitation and Counseling: In some cases, showing a commitment to change can improve your standing in both criminal and custody proceedings. Attending anger management courses, parenting classes, or counseling sessions—voluntarily or as part of a plea deal—can demonstrate to the court that you are working to resolve any issues that could affect your ability to parent.
Parental Alienation: If the other parent is using the domestic violence charge as a way to alienate you from your children, your attorney can raise this issue in family court. Parental alienation, where one parent manipulates the child against the other, is taken seriously by the courts and can sometimes be used to challenge custody decisions based on false allegations.

Domestic violence charges in Broward can have a far-reaching impact on your child custody case, potentially leading to loss of custody or visitation rights. However, with a strong defense strategy, it’s possible to minimize the negative effects of these charges and protect your parental rights. As a Fort Lauderdale criminal defense attorney, I can help clients navigate the complexities of both criminal and family law, working to defend their case in criminal court while safeguarding their role in their child’s life. If you’re facing domestic violence charges, it is critical to act quickly to secure experienced legal representation to fight for your future and your family.

Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.

Additional Resources:

Domestic Violence, Florida Courts

More Blog Entries:

Can a Broward Domestic Violence Charge Be Dropped? Sept. 30, 2024, Broward Domestic Violence Defense Lawyer